MEG STONE: Will the senate protect people with disabilities?

Now, people who are responsible for hiring caregivers to bathe, dress, and otherwise support people with disabilities can do little more than hope for the best.

By Meg Stone

In 2008, Bonnie Hungler, director of residential services at the disability service agency Bridgewell, thought she had the perfect candidate to fill a position that involved providing personal care to adults with disabilities.

The candidate had good references, no criminal history, excellent interpersonal skills and a strong rapport with the clients he was applying to serve. But as part of her routine screening, Bonnie requested information from the state about whether abuse allegations had ever been made against this candidate. She learned that he had been accused of physical abuse and that state investigators found enough evidence to substantiate the allegation.

Because of state budget cuts this cost-effective safeguard, which kept Bonnie from unknowingly putting the people she serves at risk, was discontinued in 2009. Now, people who are responsible for hiring caregivers to bathe, dress, and otherwise support people with disabilities can do little more than hope for the best.

The Massachusetts Disabled Persons Protection Commission, the state agency charged with investigating abuse against adults with disabilities, used to maintain a searchable database of all people named in abuse reports. The agency kept clear records of the results of investigations so that employers could distinguish abuse reports that were supported by evidence from those that were not. Prospective employees could not be searched without their written consent and numerous provisions were in place to protect the confidentiality of the information the searches produced.

DPPC database searches, which provide a more accurate picture of a person’s history of abusive behavior than a criminal background check, were discontinued in 2009 when a series of budget cuts reduced the agency’s staff from 32 to 28. Both Gov. Patrick and the House of Representatives released budgets that cut DPPC’s already meager appropriation even further. For those who care about the safety and well-being of adults with disabilities, the Senate is the last hope. In this week’s budget deliberations, they should take decisive action to keep protective services from being even further compromised.

Studies conducted by the state Department of Public Health – and many other national and local sources – consistently find that people with disabilities are more likely than those without disabilities to be abused. People with intellectual disabilities face up to 10 times the risk. Yet Massachusetts continues to underfund the DPPC, despite the fact that the agency saw a 17 percent increase in abuse reports this year.

Criminal background checks identify some perpetrators, but the majority of those who harm the people they are supposed to serve have not been convicted of crimes. Only about 10 percent of the abuse reports DPPC receives are referred to law enforcement. A fraction of these cases are prosecuted. This means agencies that dutifully submit criminal background checks are identifying a small minority of people who have perpetrated abuse.

The reasons for this are complex. The criminal justice system can be re-traumatizing. Many abuse survivors – with and without disabilities – choose not to participate in prosecutions in order to preserve their mental health. Other barriers are specific to people with disabilities.

Though DPPC trained 749 police officers last year, there is no guarantee that a local police officer has the skills and training to communicate with a person with an intellectual disability. Also, some types of abuse, such as excessive restraints or withholding medication, may not rise to the level of criminal activity.

As a commonwealth, we are still reeling from the tragic consequences of understaffing at the Department of Children and Families. The awareness raised by these tragedies should extend to all the state’s protective services. Senate President Therese Murray has a strong track record of advocating for people with disabilities. I hope her commitment will move her to fight hard against efforts by the Governor and House to even further compromise DPPC.

With an investment that is almost laughably modest – the database still exists, all DPPC needs is a person to coordinate performing the checks – the Massachusetts Legislature can show all of us that it takes the safety of people with disabilities seriously.

Meg Stone is the director of IMPACT:Ability, a program of Triangle, Inc. that empowers people with disabilities and communities to prevent abuse.